Welcome to Nursing Home Law
Law Offices of Jack I. Hyatt
Nursing Home Attorney
We are standing by to answer your questions at no charge or obligation. If you have reason to believe that you or a loved as been injured or neglected in a nursing home or assisted living facility, contact us today for a free consultation. NursingHomeMalpractice.com is dedicated to protecting our senior citizens. It is our hope that the information contained within this site will help our readers prevent and/or stop Nursing Home Neglect, Abuse & Malpractice.
When you contact our firm, a lawyer with many years’ experience in nursing home abuse and medical negligence will answer your questions without charge or obligation.
Common Nursing Home Abuses and Injuries
Wandering Off. Whenever you have a person with decreased mental capacity, wandering off, or “elopement,” is always a danger. A nursing home caring for Alzheimer’s or dementia patients needs to be certified. They keep those patients in a special wing. If one of them wanders, it’s usually because of inadequate supervision.
Falls. Broken bones, especially broken hips, drain a lot of life out of an elderly person. Nursing home residents suffer more damage when they fall and take longer to heal. The nursing home staff is aware of this danger, so they need to take steps to keep falls from occurring.
Wrongful Death. Abuse and neglect can be fatal. Residents can die from falls, bed sores, medical malpractice, and from injuries suffered when they wander off. If your loved one died under mysterious or unexplained circumstances, please contact Lundeen Law, PLLC. I can help you get the death settlement your relative’s memory deserves.
Pressure Sores. Also known as bed sores and decubitus ulcers, these happen when a person stays in one position too long. The pressure from the bone cuts off circulation. If left a long time, the tissue starts to die, and the sore can spread to tendons and organs.
Dehydration and Malnutrition. Being dehydrated and malnourished is bad for anyone. People who are aged or unhealthy are especially hurt. They wound more easily, their wounds heal slowly, and they lose physical and mental function. If neglected long enough, they can even die.
Physical and Sexual Abuse. Physical abuse can include pinching, slapping, shaking, and even outright beating. Sexual abuse can include groping, forced nudity, and rape.
Improper Use of Restraints. Restraints are only allowed if they protect the patient from falling or physically hurting themselves. Staff cannot use them for their own convenience or to punish the resident.
Nursing Home Abuse Neglect or Malpractice May Include:
- Bed Rail Entrapment
- Bed Sores
- Broken Bones
- Physical Abuse
- Fall Injuries
- Use of Restraints for Discipline or Convenience
- Nursing Assistants
Nursing Home Abuse – Overview
Older people frequently opt to move into nursing homes or long-term care facilities to ensure that they are well cared for, and will be protected from the effects of any deteriorating physical and/or mental conditions. Ordinarily, these facilities provide a positive environment and a beneficial experience for their patients. However, older people are sometimes actually physically and/or psychologically harmed by the negligent or intentional acts of their caregivers. In institutional settings, several factors have been shown to contribute to the abuse or neglect of residents, including: poorly qualified and inadequately trained staff; staff with a history of violence; inadequate numbers of staff; the isolation of residents; and, the reluctance of residents to report abuse out of embarrassment or fear.
Liability for Nursing Home Injuries
There are many ways in which nursing homes can be held responsible for injuring others as a result of their negligence, abuse, false imprisonment, or violations of criminal statutes, as well as violations of regulations pertaining to their licensing, maintenance, and general operation. An act of abuse, neglect or exploitation of an older person might give rise to one or all of the following types of proceeding: 1) an investigation and finding by an adult protective services agency; 2) a civil cause of action for damages (a lawsuit); and/or, 3) a criminal prosecution. These three types of proceedings have different objectives. The objective of a protective services investigation is to provide immediate help and relief to the victim and prevent further harm. The goal of a civil action (lawsuit) is to remedy damages, and the criminal prosecution is meant to punish the harmful conduct.
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